Section one: Contracting authority
one.1) Name and addresses
The Common Services Agency (more commonly known as NHS National Services Scotland) (NSS)
1 South Gyle Crescent
Edinburgh
EH12 9EB
Telephone
+44 1312756000
Country
United Kingdom
NUTS code
UKM - Scotland
Internet address(es)
Main address
http://www.nss.nhs.scot/browse/procurement-and-logistics
Buyer's address
https://www.publiccontractsscotland.gov.uk/search/Search_AuthProfile.aspx?ID=AA11883
one.2) Information about joint procurement
The contract is awarded by a central purchasing body
one.3) Communication
The procurement documents are available for unrestricted and full direct access, free of charge, at
www.publictendersscotland.gov.uk
Additional information can be obtained from the above-mentioned address
Tenders or requests to participate must be submitted electronically via
www.publictendersscotland.gov.uk
Electronic communication requires the use of tools and devices that are not generally available. Unrestricted and full direct access to these tools and devices is possible, free of charge, at
www.publictendersscotland.gov.uk
one.4) Type of the contracting authority
Body governed by public law
one.5) Main activity
Health
Section two: Object
two.1) Scope of the procurement
two.1.1) Title
Fresh Butchermeat and Meat Sundries
Reference number
NP7782025
two.1.2) Main CPV code
- 15100000 - Animal products, meat and meat products
two.1.3) Type of contract
Supplies
two.1.4) Short description
Tender for the national framework (reference NP778)To provide NHSS with a range of fresh butchermeat & meat sundries.
The framework shall be for 3 years with the option to extend for 2 x 6 month periods.
two.1.5) Estimated total value
Value excluding VAT: £10,000,000
two.1.6) Information about lots
This contract is divided into lots: Yes
Tenders may be submitted for all lots
two.2) Description
two.2.1) Title
NHS Ayrshire & Arran
Lot No
1
two.2.2) Additional CPV code(s)
- 15100000 - Animal products, meat and meat products
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
Main site or place of performance
NHS Scotland
Any or all locations of all NHS Scotland Health Boards, all NHS Scotland Special Health Boards, and/or the Authority
two.2.4) Description of the procurement
A range of chilled fresh butcher meat products, and fresh meat sundries to be used for patients, staff and visitors across Scotland , multi supplier ranked framework, up to 3 suppliers will be awarded on a ranked basis. The
Framework Agreement may be used by all mainland and island NHS Scotland Health Boards and Special Boards
(including the Common Services Agency) and by all entities constituted pursuant to the National Health Service (Scotland) Act 1978 (i.e.
all NHS Scotland Health Boards, Special Health Boards and the Authority or other NHS organisations established pursuant to the NHS
(Scotland) Act 1978) and any Integrated Joint Boards established pursuant to the new Public Bodies (Joint Working) Scotland Act 2014.
All Scottish Hospices.
two.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.6) Estimated value
Value excluding VAT: £1,059,936
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
36
This contract is subject to renewal
Yes
Description of renewals
2 x 6 months
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.12) Information about electronic catalogues
Tenders must be presented in the form of electronic catalogues or include an electronic catalogue
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2.14) Additional information
Total value shown is for duration of the framework including the optional extension periods. The framework period shall be 3 years with
option to extend for 2 x 6 months
two.2) Description
two.2.1) Title
NHS Borders
Lot No
2
two.2.2) Additional CPV code(s)
- 15100000 - Animal products, meat and meat products
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
Main site or place of performance
NHS Scotland
Any or all locations of all NHS Scotland Health Boards, all NHS Scotland Special Health Boards, and/or the Authority.
two.2.4) Description of the procurement
A range of chilled fresh butcher meat and fresh meat sundries to be used for patients, staff and visitors across Scotland , multi ranked supplier framework, up to 3 suppliers will be awarded on a ranked basis. The
Framework Agreement may be used by all mainland and island NHS Scotland Health Boards and Special Boards
(including the Common Services Agency) and by all entities constituted pursuant to the National Health Service (Scotland) Act 1978 (i.e.
all NHS Scotland Health Boards, Special Health Boards and the Authority or other NHS organisations established pursuant to the NHS
(Scotland) Act 1978) and any Integrated Joint Boards established pursuant to the new Public Bodies (Joint Working) Scotland Act 2014.
All Scottish Hospices
two.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.6) Estimated value
Value excluding VAT: £231,948
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
36
This contract is subject to renewal
Yes
Description of renewals
2 x 6 months
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.12) Information about electronic catalogues
Tenders must be presented in the form of electronic catalogues or include an electronic catalogue
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2.14) Additional information
Total value shown shown is for duration of the framework including optional extension periods. The framework period shall be 3 years
with option to extend for 2 x 6 months
two.2) Description
two.2.1) Title
NHS Dumfries & Galloway
Lot No
3
two.2.2) Additional CPV code(s)
- 15100000 - Animal products, meat and meat products
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
Main site or place of performance
Main site or place of performance:
NHS Scotland
Any or all locations of all NHS Scotland Health Boards, all NHS Scotland Special Health Boards, and/or the Authority
two.2.4) Description of the procurement
A range of chilled fresh butcher meat products, and fresh meat sundries to be used for patients, staff and visitors across Scotland , multi ranked supplier ranked framework, up to 3 suppliers will be awarded on a ranked basis. The Framework Agreement may be used by all mainland and island NHS Scotland Health Boards and Special Boards
(including the Common Services Agency) and by all entities constituted pursuant to the National Health Service (Scotland) Act 1978 (i.e.
all NHS Scotland Health Boards, Special Health Boards and the Authority or other NHS organisations established pursuant to the NHS
(Scotland) Act 1978) and any Integrated Joint Boards established pursuant to the new Public Bodies (Joint Working) Scotland Act 2014.
All Scottish Hospices
two.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.6) Estimated value
Value excluding VAT: £548,000
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
36
This contract is subject to renewal
Yes
Description of renewals
2 x 6 months
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.12) Information about electronic catalogues
Tenders must be presented in the form of electronic catalogues or include an electronic catalogue
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2.14) Additional information
Total value shown is for duration of the framework including the optional extension periods. The framework period shall be 3 years with option to extend for 2 x 6 months
two.2) Description
two.2.1) Title
NHS Fife
Lot No
4
two.2.2) Additional CPV code(s)
- 15100000 - Animal products, meat and meat products
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
Main site or place of performance
NHS Scotland
Any or all locations of all NHS Scotland Health Boards, all NHS Scotland Special Health Boards, and/or the Authority
two.2.4) Description of the procurement
A range of chilled fresh butcher meat and fresh meat sundries to be used for patients, staff and visitors across Scotland , multi supplier ranked framework, up to 3 suppliers will be awarded on a ranked basis. The
Framework Agreement may be used by all mainland and island NHS Scotland Health Boards and Special Boards
(including the Common Services Agency) and by all entities constituted pursuant to the National Health Service (Scotland) Act 1978 (i.e.
all NHS Scotland Health Boards, Special Health Boards and the Authority or other NHS organisations established pursuant to the NHS
(Scotland) Act 1978) and any Integrated Joint Boards established pursuant to the new Public Bodies (Joint Working) Scotland Act 2014.
All Scottish Hospices
two.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.6) Estimated value
Value excluding VAT: £393,508
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
36
This contract is subject to renewal
Yes
Description of renewals
2 x 6 months
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.12) Information about electronic catalogues
Tenders must be presented in the form of electronic catalogues or include an electronic catalogue
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2.14) Additional information
Total value shown shown is for duration of the framework including optional extension periods. The framework period shall be 3 years with option to extend for 2 x 6 months
two.2) Description
two.2.1) Title
NHS Grampian
Lot No
5
two.2.2) Additional CPV code(s)
- 15100000 - Animal products, meat and meat products
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
Main site or place of performance
NHS Scotland
Any or all locations of all NHS Scotland Health Boards, all NHS Scotland Special Health Boards, and/or the Authority
two.2.4) Description of the procurement
A range of chilled fresh butcher meat and fresh meat sundries to be used for patients, staff and visitors across Scotland , multi supplier ranked framework, up to 3 suppliers will be awarded on a ranked basis. The
Framework Agreement may be used by all mainland and island NHS Scotland Health Boards and Special Boards
(including the Common Services Agency) and by all entities constituted pursuant to the National Health Service (Scotland) Act 1978 (i.e.
all NHS Scotland Health Boards, Special Health Boards and the Authority or other NHS organisations established pursuant to the NHS
(Scotland) Act 1978) and any Integrated Joint Boards established pursuant to the new Public Bodies (Joint Working) Scotland Act 2014.
All Scottish Hospices
two.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.6) Estimated value
Value excluding VAT: £1,651,940
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
36
This contract is subject to renewal
Yes
Description of renewals
2 x 6 months
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.12) Information about electronic catalogues
Tenders must be presented in the form of electronic catalogues or include an electronic catalogue
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2.14) Additional information
Total value shown shown is for duration of the framework including optional extension periods. The framework period shall be 3 years with option to extend for 2 x 6 months
two.2) Description
two.2.1) Title
NHS Greater Glasgow & Clyde
Lot No
6
two.2.2) Additional CPV code(s)
- 15100000 - Animal products, meat and meat products
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
Main site or place of performance
NHS Scotland
Any or all locations of all NHS Scotland Health Boards, all NHS Scotland Special Health Boards, and/or the Authority
two.2.4) Description of the procurement
A range of chilled fresh butcher meat and fresh meat sundries to be used for patients, staff and visitors across Scotland , multi supplier ranked framework, up to 3 suppliers will be awarded on a ranked basis. The
Framework Agreement may be used by all mainland and island NHS Scotland Health Boards and Special Boards
(including the Common Services Agency) and by all entities constituted pursuant to the National Health Service (Scotland) Act 1978 (i.e.
all NHS Scotland Health Boards, Special Health Boards and the Authority or other NHS organisations established pursuant to the NHS
(Scotland) Act 1978) and any Integrated Joint Boards established pursuant to the new Public Bodies (Joint Working) Scotland Act 2014.
All Scottish Hospices
two.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.6) Estimated value
Value excluding VAT: £3,033,016
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
36
This contract is subject to renewal
Yes
Description of renewals
2 x 6 months
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.12) Information about electronic catalogues
Tenders must be presented in the form of electronic catalogues or include an electronic catalogue
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2.14) Additional information
Total value shown shown is for duration of the framework including optional extension periods. The framework period shall be 3 years with option to extend for 2 x 6 months
two.2) Description
two.2.1) Title
NHS Highland
Lot No
7
two.2.2) Additional CPV code(s)
- 15100000 - Animal products, meat and meat products
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
Main site or place of performance
NHS Scotland
Any or all locations of all NHS Scotland Health Boards, all NHS Scotland Special Health Boards, and/or the Authority
two.2.4) Description of the procurement
A range of chilled fresh butcher meat products, and fresh meat sundries to be used for patients, staff and visitors across Scotland , multi supplier ranked framework, up to 3 suppliers will be awarded on a ranked basis. The
Framework Agreement may be used by all mainland and island NHS Scotland Health Boards and Special Boards
(including the Common Services Agency) and by all entities constituted pursuant to the National Health Service (Scotland) Act 1978 (i.e.
all NHS Scotland Health Boards, Special Health Boards and the Authority or other NHS organisations established pursuant to the NHS
(Scotland) Act 1978) and any Integrated Joint Boards established pursuant to the new Public Bodies (Joint Working) Scotland Act 2014.
All Scottish Hospices.
two.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.6) Estimated value
Value excluding VAT: £721,100
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
36
This contract is subject to renewal
Yes
Description of renewals
2 x 6 months
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.12) Information about electronic catalogues
Tenders must be presented in the form of electronic catalogues or include an electronic catalogue
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2.14) Additional information
Total value shown is for duration of the framework including the optional extension periods. The framework period shall be 3 years with option to extend for 2 x 6 months
two.2) Description
two.2.1) Title
NHS Lanarkshire
Lot No
8
two.2.2) Additional CPV code(s)
- 15100000 - Animal products, meat and meat products
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
Main site or place of performance
NHS Scotland
Any or all locations of all NHS Scotland Health Boards, all NHS Scotland Special Health Boards, and/or the Authority
two.2.4) Description of the procurement
A range of chilled fresh butcher meat products, and fresh meat sundries to be used for patients, staff and visitors across Scotland , multi supplier ranked framework, up to 3 suppliers will be awarded on a ranked basis. The
Framework Agreement may be used by all mainland and island NHS Scotland Health Boards and Special Boards
(including the Common Services Agency) and by all entities constituted pursuant to the National Health Service (Scotland) Act 1978 (i.e.
all NHS Scotland Health Boards, Special Health Boards and the Authority or other NHS organisations established pursuant to the NHS
(Scotland) Act 1978) and any Integrated Joint Boards established pursuant to the new Public Bodies (Joint Working) Scotland Act 2014.
All Scottish Hospices.
two.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.6) Estimated value
Value excluding VAT: £362,928
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
36
This contract is subject to renewal
Yes
Description of renewals
2 x 6 months
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.12) Information about electronic catalogues
Tenders must be presented in the form of electronic catalogues or include an electronic catalogue
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2.14) Additional information
Total value shown is for duration of the framework including the optional extension periods. The framework period shall be 3 years with option to extend for 2 x 6 months
two.2) Description
two.2.1) Title
NHS Lothian
Lot No
9
two.2.2) Additional CPV code(s)
- 15100000 - Animal products, meat and meat products
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
Main site or place of performance
NHS Scotland
Any or all locations of all NHS Scotland Health Boards, all NHS Scotland Special Health Boards, and/or the Authority
two.2.4) Description of the procurement
A range of chilled fresh butcher meat products, and fresh meat sundries to be used for patients, staff and visitors across Scotland , multi supplier ranked framework, up to 3 suppliers will be awarded on a ranked basis. The
Framework Agreement may be used by all mainland and island NHS Scotland Health Boards and Special Boards
(including the Common Services Agency) and by all entities constituted pursuant to the National Health Service (Scotland) Act 1978 (i.e.
all NHS Scotland Health Boards, Special Health Boards and the Authority or other NHS organisations established pursuant to the NHS
(Scotland) Act 1978) and any Integrated Joint Boards established pursuant to the new Public Bodies (Joint Working) Scotland Act 2014.
All Scottish Hospices
two.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.6) Estimated value
Value excluding VAT: £1,451,140
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
36
This contract is subject to renewal
Yes
Description of renewals
2 x 6 months
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.12) Information about electronic catalogues
Tenders must be presented in the form of electronic catalogues or include an electronic catalogue
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2.14) Additional information
Total value shown is for duration of the framework including the optional extension periods. The framework period shall be 3 years with
option to extend for 2 x 6 months
two.2) Description
two.2.1) Title
NHS Tayside
Lot No
10
two.2.2) Additional CPV code(s)
- 15100000 - Animal products, meat and meat products
two.2.3) Place of performance
NUTS codes
- UKM - Scotland
Main site or place of performance
NHS Scotland
Any or all locations of all NHS Scotland Health Boards, all NHS Scotland Special Health Boards, and/or the Authority
two.2.4) Description of the procurement
A range of chilled fresh butcher meat products, and fresh meat sundries to be used for patients, staff and visitors across Scotland , multi supplier ranked framework, up to 3 suppliers will be awarded on a ranked basis. The
Framework Agreement may be used by all mainland and island NHS Scotland Health Boards and Special Boards
(including the Common Services Agency) and by all entities constituted pursuant to the National Health Service (Scotland) Act 1978 (i.e.
all NHS Scotland Health Boards, Special Health Boards and the Authority or other NHS organisations established pursuant to the NHS
(Scotland) Act 1978) and any Integrated Joint Boards established pursuant to the new Public Bodies (Joint Working) Scotland Act 2014.
All Scottish Hospices
two.2.5) Award criteria
Price is not the only award criterion and all criteria are stated only in the procurement documents
two.2.6) Estimated value
Value excluding VAT: £701,700
two.2.7) Duration of the contract, framework agreement or dynamic purchasing system
Duration in months
36
This contract is subject to renewal
Yes
Description of renewals
2 x 6 months
two.2.10) Information about variants
Variants will be accepted: No
two.2.11) Information about options
Options: No
two.2.13) Information about European Union Funds
The procurement is related to a project and/or programme financed by European Union funds: No
two.2.14) Additional information
Total value shown is for duration of the framework including the optional extension periods. The framework period shall be 3 years with option to extend for 2 x 6 months
Section three. Legal, economic, financial and technical information
three.1) Conditions for participation
three.1.2) Economic and financial standing
List and brief description of selection criteria
See contract/tender documentation which incorporates requirements of the SPD
(Scotland) and the financial period for reporting is the previous 3 financial years
three.1.3) Technical and professional ability
Minimum level(s) of standards possibly required
A copy of a valid certificate issued within the last 12 months, certified by a UKAS accredited Certification Body confirming that the economic operators holds a relevant certificate to one of the following standards as
applicable:
BRC Global Standard for Food Safety (Issue 9);
BRC Global Standard for Storage and Distribution (Issue 4);
STS Code of Practice for Suppliers to the Public Sector (Version 11 or above)
SALSA (Issue 6) with additional bolt on which must include criteria for Listeria monocytogenes; detection of all pathogens
Certification to any of the above standards must be maintained by suppliers at all times during the Framework agreement.
Our Supplier Assessment Agents, Micron2, will facilitate the management of certification and audits
three.2) Conditions related to the contract
three.2.3) Information about staff responsible for the performance of the contract
Obligation to indicate the names and professional qualifications of the staff assigned to performing the contract
Section four. Procedure
four.1) Description
four.1.1) Type of procedure
Open procedure
four.1.3) Information about a framework agreement or a dynamic purchasing system
The procurement involves the establishment of a framework agreement
Framework agreement with several operators
Envisaged maximum number of participants to the framework agreement: 30
four.1.6) Information about electronic auction
An electronic auction will be used
four.1.8) Information about the Government Procurement Agreement (GPA)
The procurement is covered by the Government Procurement Agreement: Yes
four.2) Administrative information
four.2.2) Time limit for receipt of tenders or requests to participate
Date
16 December 2024
Local time
10:30am
four.2.4) Languages in which tenders or requests to participate may be submitted
English
four.2.6) Minimum time frame during which the tenderer must maintain the tender
Duration in months: 3 (from the date stated for receipt of tender)
four.2.7) Conditions for opening of tenders
Date
16 December 2024
Local time
10:30am
Place
Gyle Square,
South Gyle Crescent,
Edinburgh
EH12 9EB
Information about authorised persons and opening procedure
Carried out by NSS National Procurement
Section six. Complementary information
six.1) Information about recurrence
This is a recurrent procurement: No
six.2) Information about electronic workflows
Electronic ordering will be used
Electronic invoicing will be accepted
Electronic payment will be used
six.3) Additional information
The indicative total contract value shown is based on a circa 2 500 000 GBP per annum over a 3 year contract plus 2 x 6 month optional
extension period
up to 3 suppliers will be awarded on a ranked basis per lot.
The buyer is using PCS-Tender to conduct this ITT exercise. The Project code is 27883. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2343
A sub-contract clause has been included in this contract. For more information see: http://www.publiccontractsscotland.gov.uk/info/InfoCentre.aspx?ID=2363
Community benefits are included in this requirement. For more information see: https://www.gov.scot/policies/public-sector-procurement/community-benefits-in-procurement/
A summary of the expected community benefits has been provided as follows:
The Statement of Requirements will detail the Community Benefit background and objectives.
The contract will mandate that suppliers
Respond in its tender outlining current Community Benefits and proposals if successful and mandating that they support the overall
Community Benefit concept and process including a contract and supplier management process post award
(SC Ref:781684)
six.4) Procedures for review
six.4.1) Review body
Edinburgh Sheriff Court
Sheriff Court House, 27 Chambers Street
Edinburgh
EH1 1LB
Telephone
+44 1312252525
Country
United Kingdom
six.4.3) Review procedure
Precise information on deadline(s) for review procedures
The authority will notify economic operators who submitted a tender or (where no
deselection notification has previously been
made)applied to be selected to tender, of its decision to award the framework agreement
which notification will contain among other
information, a summary of the reasons why the economic operator was unsuccessful. The notification will
incorporate a ‘standstill period’ of a
minimum of 10 clear calendar days (or a minimum of 15 if the communication method used is
not electronic) between the date on which
the authority despatches the notice(s) and the date on which the authority proposes to
conclude the relevant framework agreement.
The bringing of court proceedings against the authority during the standstill period will
automatically continue the prohibition on entering
into the framework agreement until the court proceedings are determined, discontinued or
disposed of, or the court, by interim order, brings
to an end the prohibition. The remedies that may be awarded by the courts before the
framework agreement has been entered into include
the setting aside of the decision to award the framework agreement to the winning
tenderer(s). The bringing of court proceedings against
the authority after the framework agreement has been entered into will not affect the framework
agreement unless grounds for the imposition
of special penalties under the Public Contracts (Scotland) Regulations 2015 can be
established. Otherwise the remedies that may be
awarded by the courts where the framework agreement has been entered into are limited to
the award of damages. Economic operators are
entitled to write to the authority after receipt of the notification should they require further
clarification. The authority will respond within
15 days of such a written request, but it should be noted that receipt by the authority of such
request during the standstill period may not
prevent the authority from awarding the framework agreement following the expiry of the
standstill period. Economic operators should
approach the contracting authority in the first instance. However, the only formal remedy is
to apply to the courts:
An economic operator that suffers or is at risk of suffering, loss or damage attributable to a
breach of duty under the Public
Contracts(Scotland) Regulations 2015 or the Procurement Reform (Scotland) Act 2014,
may bring proceedings in the Sheriff Court or the court of session
six.4.4) Service from which information about the review procedure may be obtained
Court of Session
Parliament House, Parliament Square
Edinburgh
EH1 1RQ
Country
United Kingdom